What the heck? I love the 9th circuit now.
Ok, not really, but this is a pretty shocking decision. You may recall that a few days ago some Obama judge (yeah, they exist) in San Francisco decided to become dictator for a day and placed a nationwide injunction on the President’s agreement with Mexico to house asylum seekers there.
The Trump administration made an emergency appeal to the 9th Circuit Court of Appeals, where everyone expected them to lose. Instead, we got a surprise.
9th Circuit Court of Appeals has temporarily STAYED a federal court injunction of the Trump administration’s policy to keep migrants in Mexico as they wait for their asylum claims to be processed.
Major win for Trump (for now) pic.twitter.com/5I31jYjZUS
— Hamed Aleaziz (@Haleaziz) April 13, 2019
Common sense prevails for at least a short time.
The decision to stay the lower court injunction was unanimous pending a brief. The fact that they did this so quickly and so overwhelming should point to the court leaning at overruling the judge entirely, but this is the 9th circuit. Don’t put it past them to come up with some insane justification for why the President can’t exercise his constitutional authority over immigration.
Their brief starts on Tuesday, so we could theoretically see this stay lifted as early as next week. From there, the administration would no doubt head straight to the Supreme Court where his odds of winning are very large.
No judge has the supremacy to override the President’s constitutional power to regulate immigration. The latitude given is extremely wide and has never been questioned until Trump got elected. Judges deciding that Mexico is too dangerous or that Trump tweets show animus are ridiculous, a-constitutional rulings. Yet, we are having to deal with them because the Supreme Court won’t do it’s job and address the issue of nationwide injunctions and these crazy rulings being made on non-legal considerations. Chief Justice John Roberts choosing to purposely narrow the Supreme Court’s rulings while the lower courts are running wild is a completely nonsensical move.
In reality, the border is at a breaking point. Without the beds and resources, Trump’s negotiated plan to house some asylum seekers in Mexico was just common sense. For an unelected, local judge to stick his nose into it and rule for the entire nation based on nothing but political considerations twisted into legalese shows just how rogue the judicial system has gone. That doesn’t mean the system needs to be changed. The Supreme Court just needs to start doing its job.